Scare tactics and attempts to stir extreme emotions will not yield the kinds of results we need, and are, in fact, an insult to our citizens
Update, Tuesday morning April 27 – We spoke with Mr. Skipton about his overheard comment that he wants to disband the groundwater district. Here's what he said: "Rusty was sitting right next to us. The point of what I told the guy in front of me, he said how's the election going. I said it would be going a lot better if my opponent would stop telling people that I want to disband the district . . . there's a chance he (Rusty) heard bits and pieces of the conversation." We asked Mr. Skipton directly if he wants the district to disband. "Hell no," he said, "you can take that to the bank. The district is great. We need the district . . . I've already asked the judge (Hays County Judge Liz Sumter) about how to get more money for the district, is there money. She said there is." Skipton said if anybody ever hears him say he wants to shut down the HTGCD, they can throw a stick or a beer bottle at him.
Update, this afternoon – Here's a dispatch from Rusty Middleton, very active in stream, creek and groundwater conservation efforts around Wimberley. We spoke with Rusty on the phone. He says he'll vouch for this chance encounter . . . "Just to add to the fun, I want to let you all know that I was sitting next to a couple of men in Creek Road Cafe in Dripping Springs earlier today and to my astonishment overheard one of them say rather loudly, "Yeah I want to get elected to that Board and then disband it." I then realized that this big talking guy was Jimmy Skipton, District 1 candidate (Henly/Dripping Springs) for the Board of Directors of The HTGCD. I looked at his candidate's statement on the HTGCD website and he doesn't mention anything about disbanding the organization. I wonder how many voters know about this hidden agenda? Skipton also recently sued Hays County over its new water conservation related land-use restrictions. Maybe he wants to disband Hays County too...."
Note: Jack Hollon, known to many in the Wimberley Valley as the 'Groundwater Guru' and for his long and tireless voluntary work on the board of the HTGCD sent this letter. See the post below for more on this subject. We've known Mr. Hollon for a long time and know him to be an honest man, and totally without hype. He is stepping down from his District 5 (Wimberley) seat on the HTGCD. Two candidates are vying for the position – Joan Jernigan and Craig Reitz, both of Wimberley. Early voting has started. Election Day is May 8. Thanks, Jack, for all your contributions to our community and to the district.
Here are the 7 "powers" candidate Reitz says the groundwater district wants to impose on well owners:
1. Allow levying “property taxes” on your home (up to $1500 on a $300,000 value home)
2. Allow putting meters on your wells
3. Allow putting water use limits on your home domestic well in conflict with state law
4. Allow entering your property without your permission to see if you are wasting water
5. Allow issuing fines up to $10,000 per day for wasting water in their opinion
6. Allow the use of eminent domain to take part of your property if they deemed needed
7. Allow banning the drilling of all new wells on private property
Send your comments and news tips to roundup.editor@gmail.com, to Mr. Hollon at jhollon37tx@yahoo.com, or click on the "comments" button at the bottom of the story
'We can have no real community without mutual respect and trust'
I had hoped this election would turn on real substantive issues – and there are many – instead of on ideology and misrepresentation. This "letter" from Craig Reitz, who I've considered a friend I'm getting to know (since his move here from FL in 2005) pulls me off the sidelines and onto the field where the emails are now flying.As to the seven "powers" listed by CR, three are outright false, Nos. 1, 3, and 7:
1. There can be no ad valorem tax to provide revenue for the District without an election to give the people a chance to vote on the question – and that would most certainly come with a cap, in the 1 to 5 cents (per $100 evaluation) range, not the 50-cent max he uses in the illustration. So, Chap. 36 gives no automatic tax levying authority to the District. Even if requested, the citizens could say "no."
3. I don't know where this comes from. Chapter 36 is state law! This statement contradicts itself.
7. More nonsense. Where this comes from, I know not. (It might possibly apply to a dense development on surface water where having wells on half-acre lots would create a huge well spacing problem . . . another argument for having some management process.)
Each of the other statements (on meters, entry, fines, and eminent domain) involves some element of water management and law – possibly applicable somewhere – in partial form, out of context, w/o qualifying requirements.
They incorporate gross exaggeration and misrepresentation evidently designed to stir fear and anxiety – this at precisely the time we face extreme water resource challenges in the face of exploding population in the Hill Country, and so need calm judgment.
We need people on this board who will manage our water resources intelligently, fairly, and with an eye on the long term consequences for present and future generations. Scare tactics and attempts to stir extreme emotions will not yield the kinds of results we need, and are, in fact, an insult to our citizens.
The truth is that Chapter 36 of the Water Code provides a legal basis for local management of groundwater by the people who live here. And the people, through their elected reps, have the final say about this important community resource. But such a process does not happen by some "auto-pilot magic." It requires study, discussion, and decision making, based on keen attention, good information, the application of the best science and a public process that provides input on community values, needs and preferences.
The upshot: In my opinion, this kind of campaign tactic disqualifies the person who runs on such a platform. Craig does not deserve our support for Place 5 on the HTGCD Board.
Fortunately, there is another well-qualified choice, a person who has articulated a good understanding of our situation, who has a rich backgound in education and management, and who is certainly a fast learner – one of the prime requirements to be a successful member of this board. That person is Joan (jo-ann) Jernigan. Joan's contact info: 512-847-8567 and jerniganjs@austin.rr.com
One final thought: There is no real community without mutual respect and trust. And the tactics of fear, exaggeration, and misrepresentation undermine both – and thus community – by creating dissention, false antagonisms, and distractions. This drains the creative energy that needs to be used in solving problems, diverts that energy to destructive ends opposing each other.
I do hope and trust that the good people of this Valley will come together and provide the leadership we need at this critical time. So, as I leave the Board of the Hays Trinity Groundwater Conservation District, I resolve to stay involved in these important issues, as a citizen and friend, and with great affection for this extraordinary place. Thank you for the opportunity to serve.
Jack Hollon
HTGCD Place 5
15 comments:
Banditry, thievery and lying should immediately disqualify three of the candidates in this election. Good luck home and small well owners. If we don't vote to protect ourselves and our groundwater, there will be only ourselves to blame.
There has been a lot of lying for sure. One of the biggest is the so-called “science” that says the Trinity Aquifer is being depleted by over development. The aquifer fills (recharges) when it rains and the levels go down during droughts. For instance, Last summer the “science” said that Jacob’s Well had stopped flowing and was not to flow again. A few good rain showers and it was flowing at phenomenal rates only weeks later. One member of the HTGCD actually stated that scientists had carbon dated the water in Jacob’s Well and it is 2000 years old, dubbed water from the time of Christ. You cannot carbon date water because it is not carbon based. I think all water is billions of years old anyway. These lies have created a big following of “water huggers”, some of which claim that you can change the molecular structure of water by talking nice to it. Unnecessary worry over water is created just to limit growth, the thing the left hates.
Which candidates for the Hays
Trinity Groundwater Conservation
District positions will better serve our area in preserving and conserving our water supply:
knowledgeable and experienced
candidates who have broad vision
and will do what is best for the
whole OR candidates backed by land
developers who will overbuild,
take the money, and run?
Please vote for Kristin Carlton
(District 1), Andrew Backus (District 3), and Joan Jernigan
(District 5).
One of the primary reasons our country has become a submerging markets economy is because of the type of thinking displayed by Al-Anonymous 1.
He/she uses meaningless words like "left" and "water huggers" - a sure sign of brain atrophy and right wing gooberism.
It is one thing to believe that nature is going to take care of unlimited growth - regardless of the consequences.
But is it quite another to believe that using the human brain for planning and problem solving (just in case global warming is real and causes extreme weather conditions which limits our bountiful water) is not worth the time or effort.
People like Al-Anonymous 1 would rather live in a Haiti like world where no to minimal regulations on infrastructure results in a major catastrophe when nature's wrath is unleashed.
As for me, a free markets advocate, I would rather live with the "water huggers" and the "lefties" who live in a Chile like world where a much more powerful event would cause much less damage because of sound planning and intelligent regulations.
And please Al-Anon 1, should the local clean water supply ever become extremely meager for any reason, take responsibility for your folly and refuse rationed water for your children or grandchildren.
If you are too cowardly to do so, remember you are just another foolish American whose shameful ignorance helped to destroy another nice area of the world.
Any descent Editor would contact the “accused” for an explanation of the eavesdropping done by Mr. Middelton. It is not surprising that this was not done here since this Blog seems to be supporting the other candidate. I know Mr. Skipton personally and this “report” is ridiculous, since he would never have said such a thing except possibly in jest. I suspect Mr. Middleton is taking the statement totally out of context or he is simply lying. This appears to be dirty politics from the Rounup and Rusty Middleton, shame on you both.
The groundwater killers could care less about keen observation and best science. They are home wreckers, pure and simple. Their mentality is that them with the biggest wells and most money gets all the water they want. They represent the return of 'take back Texas' that fraudulent property rights movement with a neat sounding slogan that wants to reserve property rights exclusively for the fat cat landowners, developers and water hogs. Guess what buddy, I'm a small land owner with a well and water rights. And I'll sue your asses if you don't work to protect my water rights along with everybody else.
We contacted Mr. Skipton and his comments are now posted. We went into some detail on his positions on other district related matters. His comments, if they are to be totally believed, run counter to many of the rumors circulating – and that would be from both sides.
We will side with Mr. Hollon, and call on all the candidates to try their very best to stick to campaigning on the issues and their qualifications – and most importantly, to stop the misleading scare tactics.
Thanks for your alert and very "decent" suggestion, anonymous.
Let's thank the editor for choosing to engage in a little more responsible journalism now - at least later is better than never.
However, I challenge the Editor to examine the several rounds of draft legislation proposed by Backus last session. He truly tried to turn the HTGCD into his own personal regime.
Backus did seek:
1. transfer fees
2. prohibition on any new residential wells after 06/01/09
3. elimination of existing residential well at time you sell your property
4. ad valorem taxation power
5. eminent domain power
6. repeal of any county authority over his actions
7. the ability to change district boundaries
8. the power to enter your property without your consent, warrant, notice, or probable cause
9. imposition of production fees on all wells including residential use wells
10. nice compensation program for those in control of HTGCD
As to #4, Backus' only response in public is that you can vote on it. Well the people already have and they said "no". Funny that Backus suggests a voting democracy but is unwilling to accept the outcome of the vote. Backus spent considerable money on lobbyists and lawyers to pursue his agenda via legislation so that he didn't need the vote of residents. When that didn't work, he tried to pursue structural change by merging with other districts to water down the votes of residents in HTGCD who already told him "no". Thankfully, that didn't work either. Thank goodness they told him "no" again when he tried to unseat Rose when Rose refused to support the personal fiefdom that Backus was seeking. Many voters are unaware of Backus' antics.
There is no question that Backus and his co-candidates are pursuing an unprecedented taxation and confiscation agenda. Taxation of your property, metering, production fees, and ultimately confiscation of your well. He does not view elimination of your right to use or convey the well as a constitutional taking. He does not view forcing you to purchase water from Aqua Tex or some utility provider as a taking. The prime beneficiaries of Backus' agenda would be Backus, et al. and the water utilities in the district - NOT the property owners in this district. It's not a "fear" tactic to point this out, sir.
Backus, Jernigan, and Carlton have stated their agenda at the forums. Backus' legislative forays can be examined by requesting copies of the draft legislation that he tried submitting something like 11 times. Backus has only demonstrated that he won't stop trying to take what doesn't belong to him - over and over and over again.
When the candidates have already stated and/or illustrated conduct in support of ad valorem taxes, metering, production fees, etc. it is hardly offensive for other candidates to point this out. Did you read any of the legislation Editor? Did you attend any of the forums?
If the actions of Backus, et al. invoke fear - quit blaming/maligning the messenger or telling people not to look behind the curtain. Perhaps your efforts would be better directed towards telling Backus, et al. to stop the conduct that leads property owners to rightfully fear and detest the regime that Backus, et al. seek to impose.
The attacks on Reitz are unfounded and largely just a diversion tactic. Jernigan and Carlton are nothing but Backus proxies. I'm not sure that Backus even lets them campaign independently from himself. Seen any flyers for Jernigan or Carlton without Backus?
Mr. Hollon:
Do you deny the legislation that the board you are a member of submitted last year?
As to remarks on point 1:
The district is prohibited from imposing an ad valorem tax. There is no question that the district under the Backus group has sought ad valorem taxation power. When you couldn't get it legislatively you tried to get it by merger. Both failed. Don't ridicule Reitz for succinctly pointing out what your board attempted.
As to the remarks on point 3 and 7:
Chapter 36 is currently state law. However your board pursued Chapter 36 Plus powers aka Super Chapter 36 powers and many residents have pointed that out. Among those were attempts by your board to eliminate residential wells at the time the property was sold and to prohibit any new residential wells after June 2009. I guess you view "0" as a legitimate "use limit". I view that as an unconstitutional taking. The HTGCD board record is public and cannot be denied.
As to the rest of the points - perhaps people should be concerned that you did not deny them. There is no question that the incumbent (Backus) sought the following powers:
Point 2: The HTGCD did seek mandatory metering and production fees for residential wells and elimination of any existing exemptions at the time the property was sold. Plus you wanted a transfer fee for property the homeowners wouldn't even be allowed to transfer
Point 4: Entering property without consent. Indeed your board sought the power to enter property without consent, notice, probable cause, or warrant to "investigate" and pursue "fines" or confiscate the use of a well. The HTGCD is a governmental entity. Ever heard of the 4th Amendment? Backus thought this was no more power than a dogcatcher would have. I disagree and in any event I don't view the residents of this district as animals. People do have certain constitutional rights.
Point 5: Allow fines of up to $10,000/day for what the board defines as "waste". I am troubled that you did not address this. Is this a tacit admission?
Point 6: Allow the use of eminent domain. Indeed the HTGCD did pursue this. However, the district also pursued "eminent domain plus". In eminent domain takings there is compensation that is due. HTGCD pursued takings and has tried to deny any obligation to compensate.
The incumbent has tried to turn the entire district into one giant "homeowner association" where residents have no constitutional rights and must bow down to the mandates of the HTGCD board, namely Backus. Backus is a control freak and is no longer satisfied trying to control fellow homeowners in Goldenwood. He is clearly seeking a personal fiefdom over the entire district and dogs, er I mean people that live within it.
While you still have rights such as the right to vote, consider exercising them to prevent Backus from trying to turn the whole district into one giant HOA where the residents get nothing but "assessments" from a district that represents only the personal agendas of the board members.
All should be concerned that Mr. Hollon tacitly admitted to points 2, 4, 5, and 6 and cannot deny the rebuttals above with respect to the incumbent board's attempts regarding points 1, 3, and 7. Good day.
Based on the red herring comments of the water gluttons, they want to dominate the focus of the HTGCD elections on the taxation issue rather than the need for intelligent water management. Here is where the water planners get into trouble and end up being unnecessarily defensive.
For sure I only want to pay taxes for important services that benefit my family and the community while not making special interests richer through sweetheart deals and cronyism.
In that sense, I wouldn't mind paying for an ad valorem tax for sensible water management that clearly benefits the community I live in - IF the money is used responsibly and prudently.
Why defend something that does not need defending. Citizens who care about the community - if they believe water is a major concern for our region - are willing to pay for smart water management as needed.
My guess is the same water gluttons who write in this blog about the evil tax issue mindlessly pays federal taxes for wasteful defense spending and many other wasteful corporate giveaways. But we don't here a word about these tax issues because supporting the Empire is OK, but getting smart about our community water apparently is not.
The reason America is in trouble is because the use of our taxes to make America actually better is all screwed up. Left vs. right is a destructive mindset that we need to desperately address if we are going to solve our myriad of community, state and national interests.
People vs. mindless special interest is the real problem we all face. The robotic free markets people need to realize they are being screwed by their own gurus and the self righteous lefties need to look at their ideologically naive voting record.
The big tax scam starts with our local water and goes all the way up to our imperial war machine.
All politics and economics is local.
Ralph said:
"My guess is the same water gluttons who write in this blog about the evil tax issue mindlessly pays federal taxes for wasteful defense spending and many other wasteful corporate giveaways."
By "mindlessly", do you mean paying to avoid having federal tax liens placed on your home, assets seized, greater financial penalties, criminal sanctions, etc.? How would the HTGCD be any different with expanded powers? You'll have a tax lien on your home and your "mindful" objection will carry no weight.
Perhaps those objecting now aren't as mindless as you insinuate.
I agree with Jack on the point of mutual respect and trust. However, it comes from BOTH sides in regards to the fear mongering and distrust. There are those on the left who speak ill of the other candidates and without facts or fair representations. They argue for "qualified" candidates, and yet none of their candidates are more qualified than the candidates from the right. (If "qualified" means having degrees or backgrounds in geology or hydrology, then only Andrew has this kind of background of all of the candidates; but obviously this couldn't be what is meant by "qualified" or else neither Kristen or Joan would be "qualified" either.)
So, let's stop nitpicking and have real debate, and stop the politics of personal destruction.
Our available groundwater is being targeted by people who would like to take away our community's ability to limit how much water can be pumped out of our shared aquifer.
They want to make money by pumping more water. Does this benefit you?
If developers and their lackeys take over our groundwater conservation board, we are in for a dry future in a Wild West atmosphere where the increased pumping by new subdivisions will make mincemeat out of your property rights.
How much will your property be worth when your well runs dry?
I think it is correct that people feel there is something amiss with certain ways our government is behaving (the bank bailout, the bloated military budget, etc.), but these folks cannot tell prey from predator.
Why do people with little or no land loudly and proudly support the rights of large landowners to enjoy special rights?
Why do those with no money raise their voices for the rights of the super-wealthy? Think you might end up rich someday and want to be sure your future privileges are intact?
When a small well-owner or landowner supports the rights of developers to bring in new subdivisions and support that growth with groundwater, they are shooting themselves in the proverbial foot.
We need to use our heads and good scientific analysis of the groundwater resources. We do not succeed with these left/right smears and by circling the wagons only to find out too late the enemy is inside the circle with us.
Think ahead, conserve and plan for our future water needs with the groundwater we all enjoy and that we share as a community.
Every man for himself would work a lot better if every man had the same amount of money, land, and access to lawyers.
"One man, one vote", doesn't apply when some men can buy extra votes.
Anyone who has watched this Board during it tenure would know better than to come to the conclusion that this is about power or prestige.
Serving on this Board, at least the way it has been done up to now is about working long hours for no pay to do a job that desperately needs doing, but that no one knows you are doing, no one appreciates you for doing and that not many people in this community have the slightest idea HOW to do.
These commenters who speak of "fiefdoms" and "control" should pay more attention to what they are talking about. They don't know squat.
These groundwater districts are mandated by the State of Texas, they aren't some liberal plot to take away your liberties, but that is exactly what some of these "No Nothing" candidates keep saying in the various forums.
Seems to me your "liberty" would be better protected if your well stayed clean and full of water into the indefinite future.
Intelligent, knowledgeable water resource management is the only way to make this a reality.
Wake up, people! If you let the developers and their candidates write the rules, there will be no rules.
The objections to the HTGCD are valid if they are not blown all out of proportion by fear mongering. The problem with some of the comments is they assume that the good old free markets will take care of everything. Yes, we saw what happened in the last three years.
Sorry folks, greed and gluttony and wanting to take long showers are simply too powerful.
Those of you who are sincere private property advocates need to admit that many of your so-called "proponents" are using you to accumulate wealth at your ultimate expense. If you can't see it, you need to wake up to the rhetoric and the scam.
How about this truth: The Democrats want to feel love and the Republicans want cheap labor. The HTGCD is at worst a small part of the real tyranny.
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